How Much Do You Know? Consultants -- Test Your Knowledge! Civil Rights Requirements on Federal-Aid Transportation Agreements How Much Do You Know?

Instructions All questions are based on federal regulations as implemented through the ITD plans and special provisions. Each question is either True or False. Choose your answer then click your mouse to see if you are right or wrong. Federal Code and the ITD Plan information is referenced at the end of the quiz. Contact information is provided at the end of quiz.

True or False: The Idaho Transportation Department EEO Special Provisions are for the purpose of promoting minorities and females in the transportation industry. FALSE – To Provide Equal Employment Opportunity for all races.

True or False: Only the Prime Consultant is required to comply with the EEO Requirements included in the Idaho Transportation Department Agreements. FALSE – All Consultants with agreements of $10,000 or more must comply.

True or False: U.S. Department of Transportation requires that the company EEO Policy include race, religion, sex, color, national origin, age, disability, veteran status, sexual orientation. FALSE - U.S. Department of Transportation does not require veteran status or sexual orientation. (U.S. Department of Labor requires Veteran Status.)

True or False: Only a Prime Consultant is required to have an EEO Officer. FALSE – All Consultants must comply.

True or False? The Company EEO Officer must be identified to the Agreement Administrator in writing; must have the responsibility for administering the company EEO program; and must have the authority to effectively promote an active company EEO program. TRUE

True or False? Companies are only required to provide information on their EEO Policy to employees who make hiring and termination decisions. FALSE – Information must be provided to all company employees.

True or False? EEO information to supervisory personnel must be provided through written materials. FALSE – Companies must have documented meetings (agenda & sign- in sheets) and must have an indoctrination process for supervisors.

True or False? Office staff does not need instructions in company EEO program procedures. TRUE – Unless they are involved in recruitment.

True or False? A company is not required to provide their EEO information to their general workforce. FALSE – This is done through posters, documented meetings, indoctrination when hired, and can also be done with a company handbook.

True or False? Only a Prime Consultant is required to post their EEO Policy. FALSE – All Consultants must post the required federal posters plus a copy of the company EEO Policy. It is also encouraged that companies post contact information for the Company EEO Officer.

True or False? Consultants are required to advertise for employees even if they have no hiring opportunities. FALSE – U.S. Department of Transportation regulations state: When a company advertises they will include the EEO statement in the advertisement and publish in areas that will reach minority groups.

True or False? Consultants only have to use the recruitment sources identified by the Idaho Transportation Department. FALSE – Federal regulations state that companies will conduct a systematic and direct recruitment through public and private sources likely to yield qualified minority applicants. Companies should also maintain walk-in and phone logs and solicit through current employees.

True or False? EEO requirements only have to cover hiring and terminations. FALSE – They must also cover promotions, wages, working conditions, etc. Companies should also be performing site inspections, supervisor evaluations, and employee interviews.

True or False? Consultants only have to deal with discrimination if they receive a complaint. FALSE – Whenever discrimination is found or suspected, it must be dealt with.

True or False? Consultants are required to have an internal investigation procedure for EEO issues. FALSE – Regulations do not require this; however, ITD strongly encourages companies to have a process in place.

True or False? Documentation of the Consultants EEO obligations must be maintained for 7 years. FALSE – U.S. Department of Transportation requires that records be maintained for 3 years.

True or False? If there is no Disadvantaged Business Enterprise (DBE) Goal, the Prime Consultant has no obligation to solicit from minority and/or female group Sub-Consultants. FALSE – EEO regulations require that companies provide equal opportunity in all actions including their sub-consulting opportunities. Companies must also pass on the EEO Special Provision requirements to any Sub-Consultant with an agreement of $10,000 or more.

True or False? Only the Prime Consultant has to provide the FHWA-1391 Annual EEO Reporting Form. FALSE – Consultant companies are not required to provide this form for ITD Agreements or for work being done on a construction project.

True or False? Only Prime Consultants are required to submit an ITD Bidders Registration Form. FALSE – All companies that participate or bid on ITD work must register on the ITD Bidders List by submitting an ITD-0005 Bidders Registration Form. Companies must also update information annually on the ITD-0171 Bidders Registration Update Form.

True or False? Payment must be provided by the Prime Consultant to all Sub-Consultants on work completed satisfactory, within 20 days from receipt of payment from ITD. TRUE – Progress payments are verified on ITD Certification of Payment Forms. Final payments are verified at the end of the agreement on ITD-2921 Certification of Payment Amounts Forms. Requirement includes payments between Sub- Consultants and Sub-Sub-Consultants if relevant.

True or False Prime Consultants must provide retainage to the Sub-Consultants within a reasonable amount of time after ITD has signed off on the project. FALSE – As with progress payments retainage must be passed on within 20 days from the time the Sub-Consultant has completed all agreement conditions satisfactorily. Verification is made on ITD-2892 Certification of Payment forms. This also applies with Sub-Sub-Consultants.

True or False: When a project is located on a reservation, the Consultant must establish a TERO Agreement with the Tribe before work can start. TRUE – A copy of the TERO Agreement must be provided to the ITD Agreement Administrator prior to the start of the work.

True or False? A tribe can not take any action against a Consultant for non-compliance with their TERO Agreement without ITD approval. FALSE – Tribe has full authority on the reservation.

Reference to Federal Codes and ITD Plans 23 CFR Part Appendix A to Subpart A Special Provisions Specific Equal Employment Opportunity Responsibilities 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs ITD EEO Contract Compliance Plan ITD DBE Plan

ITD Agreement Requirements ITD EEO Special Provisions ITD Civil Rights Act (As stated in the ITD Consultant Agreement Specifications) TERO Requirements (if applicable)

For Questions and/or Concerns Contact Russell Rivera EEO Contract Compliance Officer 3311 W. State Street P.O. Box 7129 Boise, Idaho Phone: (208) Fax: (208)